Welded Tube of Canada Corp. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-5758
Ministry reference number
1000177423
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
August 22, 2022 - October 6, 2022 (45 days) Closed
Last updated

This consultation was open from:
August 22, 2022
to October 6, 2022

Decision summary

We issued an amended Environmental Compliance Approval with Limited Operational Flexibility (air & noise) to Welded Tube of Canada Corp. to renew Limited Operational Flexibility conditions granted in Environmental Compliance Approval No. 4211-8HDK99, issued October 19, 2011. The facility is located at 191 Ridge Road in Welland, Ontario.

Location details

Site address

191 Ridge Road
Welland, ON
L3B 5N7
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Welded Tube of Canada Corp.
111 Rayette Road
Concord, ON
L4K2E9
Canada

Decision details

We issued an amended Environmental Compliance Approval with Limited Operational Flexibility (air & noise) to Welded Tube of Canada Corp. for the operation of their facility, located at 191 Ridge Road, Welland, Ontario, that treats (metal hardening) and finishes multi-faceted cold formed carbon and tubular steel products.

Welded Tube of Canada Corp. was issued Environmental No. A-500-1177424638 on November 18, 2022.

The emission sources from the manufacturing and associated processes that exhaust to the atmosphere include:

  • furnaces (austenitizing and tempering)
  • paint and coating spraying
  • misting and cooling
  • cooling towers
  • diesel storage

The emissions to the air from this facility include:

  • nitrogen oxides
  • particulate matter
  • chromium (metallic)
  • cobalt
  • manganese, and
  • nickel

The Environmental Compliance Approval with Limited Operational Flexibility (air), when issued, permits modifications to the facility subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval with Limited Operational Flexibility (air).

The limited operational flexibility conditions have an expiry date. The company will be required to make an application for amendment at that time to renew these conditions.

Comments received

Through the registry

10

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Various comments received from the public stated concerns for the:

  • air, noise and light emissions from,
  • designated municipal land use for,
  • municipal policy and practices related to,
  • occupational health and safety matters at, and
  • insufficient information in the ERO proposal notice for the application related to,

the Welded Tube of Canada Corp. ("WTCC") facility located at 191 Ridge Road in Welland, Ontario.

Ministry response:

All air emissions in the supporting Emission Summary and Dispersion Modelling Report, prepared by BluMetric Environmental Inc., and submitted in support of the WTCC application have been reviewed and found to be compliant with the Ministry's Ontario Regulation 419/05: Air Pollution - Local Air Quality ("O. Reg. 419/05"), and all other applicable policy and guidelines.

All noise emission sources in the supporting Acoustic Assessment Report, prepared by Howe Gastmeier Chapnick Limited, and submitted in support of the WTCC application have been reviewed and found to be compliant with the Ministry’s Publication NPC-300, Environmental Noise Guideline, Stationary and Transportation Sources – Approval and Planning (“NPC-300”) upon the implementation of a noise abatement action plan consisting of administrative controls, noise barriers and custom infeed and outfeed conveyors to reduce impulsive noise, all installed within seven years of the issuance of the approval.

Other public concerns regarding the:

  • light emissions from,
  • designated municipal land use for,
  • municipal policy and practices related to, and
  • occupational health and safety matters at,

The WTCC (Welland) facility are outside the jurisdiction of the Environmental Protection Act and O. Reg. 419/05, and are not related to the issuance of this approval for air and noise emissions from the subject facility.

Regarding the public concern that insufficient information was provided in the proposal notice:

  • The proposal notice posted to the Environmental Registry stated that the applicant is requesting renewal of their Limited Operational Flexibility (LOF) conditions previously granted in their Environmental Compliance Approval No. 4211-8HDK99. The information in the proposal notice posted on the Environmental Registry follows our standard wording for applications from proponents seeking to apply for an approval with LOF, or to renew their LOF conditions granted in their previous approval.
  • On a related issue, during the review of the application, a request was received from a member of the public to view the information submitted in the application. WTCC provided redacted versions of the submitted information and were subsequently provided by the Ministry to the requester. In providing the redacted information to the requester, the Ministry’s response also advised the requester that if the provided information is not to their satisfaction that they may wish to consider submitting a Freedom of Information (FOI) request to the Ministry. Contact information for the Freedom of Information and Privacy Office was also provided in the response to the requester. To date, the Ministry has not received a request through FOI for the information submitted in the application.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from November 23, 2022 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)

Issuing authority
Nancy Orpana
Manager, Air Approvals

Environmental Permissions Branch
135 St. Clair Avenue West
Toronto, ON
M4V 1P5
Canada

(613) 484-2675

Proponent(s)

Welded Tube of Canada Corp.
111 Rayette Road
Concord, ON
L4K2E9
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-5758
Ministry reference number
1000177423

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
019-5758
Ministry reference number
1000177423
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

August 22, 2022 - October 6, 2022 (45 days)

Proposal details

This proposal is for the renewal of the Limited Operational Flexibility for an Environmental Compliance Approval (air & noise) No. 4211-8HDK99 for Welded Tube of Canada Corp., a metal hardening and finishing plant facility located in the City of Welland, Ontario.

The emission sources from the manufacturing and associated processes that exhaust to the atmosphere include:

  • furnaces (austenitizing and tempering)
  • paint and coating spraying
  • misting and cooling
  • cooling towers
  • diesel storage

The emissions to the air from this facility include:

  • nitrogen oxides
  • particulate matter
  • chromium (metallic)
  • cobalt
  • manganese, and
  • nickel

The Environmental Compliance Approval with Limited Operational Flexibility (air), when issued, permits modifications to the facility subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval with Limited Operational Flexibility (air).

The limited operational flexibility conditions have an expiry date. The company will be required to make an application for amendment at that time to renew these conditions.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from August 22, 2022
to October 6, 2022

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